Save Abandoned Babies

 

SAFE HAVEN PROTOCOLS

• Information Packet for Parents Using the Safe Haven Law
• Fire Station
• Police Station
  • Campus Police Station
• Hospital

Sample Fire Station Protocol
Subject: Compliance with the Abandoned Newborn Infant Protection Act

I. PURPOSE
This Order:

1. establishes procedures, consistent with the mandates of the Abandoned Newborn Infant Protection Act (the Act), to be followed in the event that an infant is abandoned at a firehouse;
2. ensures compliance with the Abandoned Newborn Infant Protection Act; and
3. becomes effective immediately.
   
   

II. POLICY

1. The Illinois General Assembly has created the Abandoned Newborn Infant Protection Act (the Act) that establishes procedures to be followed when a parent relinquishes a newborn infant to a hospital, police station or other designated facility. The Act specifically designates firehouses as such a "facility" under the Act.
2. The Act is intended to enable the parent(s) of a newborn to relinquish the infant to a safe environment, to remain anonymous, and to avoid civil or criminal liability for relinquishing the infant.
3. Pursuant to the Act, the staff member in every firehouse in the State of Illinois that is presented with a relinquishment must:
   1. Accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act;
   2. Arrange for the transportation of a relinquished infant to the nearest hospital as soon as possible;
   3. Inform the parent(s) of the name and location of the hospital to which the infant was transported, if the parent returns to the fire station within 72 hours after relinquishing the infant;
   4. Allow the relinquishing parent to remain anonymous and to leave the firehouse without being pursued provided that the infant shows no sign of abuse or neglect;
   5. Tell the parent that by relinquishing the child, he/she will have to petition the court if he/she wants to prevent the termination of parental rights and retain custody;
   6. Attempt to offer the parent(s) an information packet containing prescribed materials.

III. PROCEDURES AND RESPONSIBILITIES

1. All department personnel shall be trained with respect to the requirements of the Act as they apply to the Fire Department. Additional personnel shall be trained as necessary.
2. All officers and supervisors shall be responsible for the following procedures set forth in this Order.
3. Chiefs will facilitate the distribution of information packets to each firehouse, as required by the Act.
4. In the event that a parent comes to a firehouse for the purpose of relinquishing an infant, pursuant to the Act, personnel shall adhere to the following procedures:
   1. The company officer shall contact dispatch to request an ambulance and field officer, and shall advise dispatch that the company will be on an ambulance assist run until the ambulance and field officer arrive at the firehouse;
   2. The company officer shall orally advise the parent that by relinquishing the child, he/she will have to petition the court if he/she wants prevent the termination of parental rights and regain custody;
   3. The company officer shall attempt to give the parent(s) an information packet which includes all the information required by the Act;
   4. The company officer shall make a record of the event in the company journal and specifically include the name and address of the hospital to which the infant is transported;
   5. The chief officer will oversee the evaluation and transport of the infant to the nearest medically appropriate hospital;
   6. If the parent elects to complete adoption registry forms contained in the information packet at the time or relinquishment they shall be forwarded to Department Headquarters;
   7. After the infant has been transported to the hospital, the field officer shall contact dispatch and request that the department head be notified that an infant was relinquished at a firehouse. The department head will be responsible for making required notifications to the state officials, forwarding completed adoption registry forms to the appropriate state office and maintaining all documentation of the incident;
   8. The chief officer shall prepare an EMS Incident report and obtain a copy of the MICU Report which should be forwarded to the department head.

Sample Police Station Protocol
(for more information, please contact Aileen Robinson at 312-745-6340 or via e-mail at Aileen.Robinson@chicagopolice.org)

Abandoned Infant—Police Station (SB 2583, Trotter)

On July 27, 2004, Governor Blagojevich signed SB 2583 into law effective immediately. This Public Act adds police stations to the already-approved safe havens of hospitals, emergency medical facilities, and manned fire stations where infants can be safely abandoned by their parents. A law was passed in 2001 that allows parents to leave a child 72 hours or younger at a safe haven and remain immune to criminal prosecution for abandonment. For further information, please see the March 19, 2004 Illinois Chief's Fax Alert. In June 2006, the Governor signed SB2913, extending the time a parent has to safely relinquish an infant to 7 days old or younger. Effective January 1, 2010, the time a parent has to safely relinquish an infant has been extended to 30 days old or younger.

With the assistance of the Save Abandoned Babies Foundation, the IACP has prepared the following model policy for police departments to consider. It is recommended that police departments use this model policy as a starter guide and make any changes that would be appropriate for your particular department. It is also recommended that all police department personnel receive training regarding the Abandoned Newborn Infant Protection Act. Because law enforcement personnel serve a crucial role in the investigation of abandoned infants and child abuse, it is important for all personnel to understand the exceptions to this Act.

The law requires that every police station must accept a relinquished newborn infant in accordance with this Act. After the relinquishment of a newborn infant to a police station, the police station must arrange for the transportation of the infant to the nearest hospital. A criminal investigation may not be initiated solely because a newborn infant is relinquished pursuant to this Act unless there is evidence that the child is not 30 days old or less, or if there is evidence of abuse or child neglect. Upon receiving a newborn infant, law enforcement personnel should make a physical appraisal of the condition of the infant and if any signs of abuse or neglect are noted, the relinquishing person should be held until an investigation can be completed. Copies of legislation may be obtained by visiting the Illinois General Assembly's web page, http://www.ilga.gov/.

Compliance with the Abandoned Newborn Infant Protection Act

I. PURPOSE:
This Order:

1. Establishes procedures, consistent with the mandates of the Abandoned Newborn Infant Protection Act (the Act), to be followed in the event that an infant is abandoned at a police station.
2. Ensures police departments' compliance with the Abandoned Newborn Infant Protection Act; and
3. Becomes effective immediately.

II. POLICY:

1. The Illinois General Assembly has created the Newborn Infant Protection Act (the Act) which establishes procedures to be followed when a parent relinquishes a newborn infant (30 days old or younger) to a hospital or other "facility." The Act specifically designates police stations as such a "facility" under the Act. "Police station" means a municipal police station or a county sheriff's office.
2. The Act is intended to enable the parent(s) of a newborn to relinquish the infant to a safe environment, to remain anonymous and to avoid civil or criminal liability for relinquishing the infant.
3. Pursuant to the Act, every police station within the State of Illinois must:
   1. accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act;
   2. arrange for the transportation of the relinquished infant to the nearest hospital as soon as possible;
   3. inform the parent of the name and location of the hospital to which the infant was transported, if the parent returns to the police station within 72 hours after relinquishing the infant;
   4. allow the relinquishing parent to remain anonymous and to leave the police station without being pursued, provided that the infant shows no sign of abuse or neglect. Law enforcement personnel should make a physical appraisal of the condition of the infant and if any signs of abuse or neglect are observed, the relinquishing parent should be held until an investigation can be completed;
   5. tell the parent that by relinquishing the child anonymously, he/she will have to petition the court if he/she wants to prevent the termination of parental rights and retain custody;
   6. ** offer the parent an information packet containing prescribed materials; and
   7. make a report to the state within 12 hours of accepting a relinquished newborn.
      
      

III. PROCEDURES AND RESPONSIBILITIES

These procedures should restate Section II, C, 1-7 with specific information regarding who in the department is responsible for these actions. Information should also be included regarding the specific documentation to be included; the reporting procedures followed by the specific police department and any applicable state agency telephone numbers (DCFS) and local hospital/ER telephone numbers. This could vary from department to department depending on size and available resources.

** Information packet forms to be given to relinquishing parent(s) can be found at DCFS or at www.SaveAbandonedBabies.org.

Sample Campus Police Station Protocol

On August 11, 2011, Governor Pat Quinn signed HB 106 into law effective immediately.

This Public Act expanded the definition of "Police station" to include campus police department located on any college or university owned or controlled by the State or any private college or private university that is not owned or controlled by the State when employees of the campus police department are present, or any of the district headquarters of the Illinois State Police.

With the assistance of the Chicago Police Department and the Save Abandoned Babies Foundation, the University of Illinois Police has prepared the following model policy for other police departments to consider. It is recommended to use this model policy as a starter guide and make any changes that would be appropriate for your particular department. It is also recommended that all department personnel receive training regarding the Abandoned Newborn Infant Protection Act. Because law enforcement personnel serve a crucial role in the investigation of abandoned infants and child abuse, it is important for all personnel to understand the exceptions to this Act.

The law requires that every police station must accept a relinquished newborn infant in accordance with this Act. After the relinquishment of a newborn infant to a police station, the police station must arrange for the transportation of the infant to the nearest hospital. A criminal investigation may not be initiated solely because a newborn infant is relinquished pursuant to this Act unless there is evidence that the child is not 30 days old or less, or if there is evidence of abuse or child neglect. Upon receiving a newborn infant, law enforcement personnel should make a physical appraisal of the condition of the infant and if any signs of abuse or neglect are noted, the relinquishing person should be held until an investigation can be completed. Copies of legislation may be obtained by visiting the Illinois General Assembly's web page, http://www.ilga.gov/.

INDEX AS:

308.10.1       ABANDONED NEWBORN INFANT PROTECTION ACT
308.10.2       PROCEDURES AND RESPONSIBILITIES
308.10.3       REPORTING REQUIREMENTS

PURPOSE:

The purpose of this directive is to establish procedures, consistent with the mandates of the Abandoned Newborn Infant Protection Act, to be followed in the event that an infant is abandoned at the University of Illinois Police Department.

DEFINITION:

Newborn Infant: a child who a licensed physician reasonably believes is 30 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, and who is not an abused or a neglected child.

Relinquish: to bring a newborn infant to a hospital, police station, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant.

Temporary Protective Custody: The temporary placement of a newborn infant within a hospital or other medical facility out of the custody of the infant’s parent.

DIRECTIVE:

308.10.1       ABANDONED NEWBORN INFANT PROTECTION ACT

1. Illinois Compiled Statutes 325/2, the Newborn Infant Protection (the Act), establishes procedures to be followed when a parent relinquishes a newborn infant (30 days old or younger) to a hospital or other "facility". The Act specifically designates police stations as such a "facility" under the Act.
2. The Act is intended to enable the parent of a newborn infant to relinquish the infant to a safe environment, to remain anonymous, and to avoid civil or criminal liability for relinquishing the infant.
3. Pursuant to the Act, the University Police Department shall accept and provide all necessary emergency services and care to a relinquished newborn infant, in accordance with this Act.
4. Employees acting in good faith in accordance with the Abandoned Newborn Infant Protection Act are immune from criminal or civil liability.

308.10.2       PROCEDURES AND RESPONSIBILITIES

 

1. All employees must accept a newborn infant brought to the Public Safety Building for the purpose of relinquishing an infant in accordance with the provisions of the Act.
2. The employee will take temporary custody of the infant, and make a cursory physical appraisal to ensure that the infant appears to be newborn (thirty days old or less) and not abused or neglected.
   1. If the infant appears to be a newborn, and there is no evidence of abuse or neglect, the parent relinquishing the newborn infant has the right to remain anonymous and to leave the Public Safety Building at any time and not to be questioned, pursued, or followed.
   2. If there is clear evidence of abuse or neglect, a criminal investigation may begin and the incident must be reported to the Illinois Department of Children and Family Services (DCFS).
3. The employee will attempt to offer the parent relinquishing the newborn infant an information packet supplied by DCFS, and explain that acceptance of the packet is voluntary.
   1. The information packet contains:
      1. Illinois Adoption Registry and Medical Information Exchange brochure,
      2. Save Abandoned Babies brochure which includes the Medical Information Exchange Questionnaire and the web site address and toll-free phone number of the Illinois Adoption Registry, and
      3. "Taking Care of Yourself After Giving Birth" brochure.
   2. The information packets are located at the front desk in the Communication Room.
4. If the person wishes to provide their name and fill out the application provided in the Illinois Department of Public Health Information packet, they may do so and request that the Department forward them to the Illinois Adoption Registry and Medical Information Exchange.
5. If the parent of the newborn infant returns to claim the infant within 72 hours after relinquishing the infant to the Department, the parent shall be informed of the name and location of the hospital to which the infant was transported.
6. An ambulance will immediately be called to transport the infant to a hospital (accompanied by an officer) for medical examination, and a supervisor will be notified.

 

308.10.3       REPORTING REQUIREMENTS

 

1. Relinquishing a newborn infant does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this state nor does it, by itself, constitute a violation of the Criminal Code of 1961.
2. A criminal investigation may not be initiated solely because a newborn infant is relinquished under the provisions of the Act. An investigation may only be initiated when there is clear evidence of abuse or neglect.
3. If there is no evidence of abuse or neglect of the relinquished newborn infant, an information report of the incident will be written.
4. If there is clear evidence of abuse or neglect, a report of the incident will be written using the criminal offense UCR code for the appropriate criminal incident.
5. In all cases, notification shall be made to the DCFS Hotline (1-800-55ABUSE) within 12 hours of accepting a relinquished newborn infant.

Sample Hospital Protocol

Download PDF

 

Abandoned Newborn Infant Protection Act

 

REVIEW OF HOSPITAL RESPONSIBILITIES UNDER THE ACT

The Act states: "To 'relinquish' means to bring a newborn infant, who a licensed physician reasonably believes is 30 days old or less, to a hospital, police station, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person does not express an intent to return for the infant or states that he or she will not return for the infant.  In the case of a mother who gives birth in the hospital, the mother's act of leaving that newborn infant at the hospital (i) without expressing intent to return for the infant or (ii) stating that she will not return for the infant is not a "relinquishment" under the Act."

 

1. Examination of Infant. Effective January 1, 2010, the Act defines a "newborn infant" as a child who a licensed physician reasonably believes is 30 days old or less at the time the child is initially relinquished and who is not an abused or neglected child.
   With respect to the relinquished newborn infant, every hospital must:
   • Accept and provide all necessary emergency services and care to a relinquished newborn infant
   • Examine the infant and perform tests that, based on reasonable medical judgment, are appropriate in evaluating whether the infant was abused or neglected.
     
     

2. If Abuse is Suspected or Infant is Not a Newborn as Defined

   • If there is suspected child abuse or neglect that is not based solely on the infant's relinquishment, personnel of the hospital who are mandated reporters under the Abused and Neglected Child Reporting Act must report the abuse or neglect.
   • In addition, if a relinquished infant is not a newborn infant as defined in the Act, the hospital shall proceed as if the child is an abused or neglected child, for example, if the infant is clearly older than 30 days.
     
     

   The hospital is deemed to have protective custody of the infant and the act of relinquishing an infant serves as implied consent for the hospital staff to treat the infant.  Fire and police stations and emergency medical facilities that take in a relinquished infant must arrange for the infant's transport to the nearest hospital as soon as transportation can be arranged.
   
   

3. Information for Relinquishing Person.  If there is no evidence of abuse or neglect of the infant, the relinquishing person has the right to remain anonymous and to leave the hospital.  Before they leave, hospital personnel shall:

   • Offer an information packet (as described below) to the relinquishing person and
   • If possible, clearly inform the person that acceptance of the information is completely voluntary; that registration with the Illinois Adoption Registry and Medical Information Exchange is voluntary;  that the person will remain anonymous if he or she completes a Denial of Information Exchange; and that the person has the option to provide medical information only and remain anonymous. 
   • Verbally inform the relinquishing person that by relinquishing the child anonymously, they will have to petition the court if they desire to prevent termination of parental rights and regain custody of the child. (Nothing prevents the relinquishing person from providing his or her identity or completing adoption information forms and requesting that the hospital forward them to the Illinois Adoption Registry and Medical Information Exchange.)
     
     
4. Reporting Requirements.  Within 12 hours after accepting an infant, the hospital must report to the Illinois Department of Children and Family Services (DCFS) State Central Register (800.252.2873)  for the purpose of transferring custody of the infant from the hospital to a child-placing agency or the Department.  Since this is also the hotline for reporting abuse, be sure to tell DCFS that you are reporting a relinquishment under the Abandoned Newborn Infant Protection Act.
   
   
5. Posting of Signs.  Every hospital that is required to accept a relinquished newborn infant must post a sign in a conspicuous place on the exterior of the building, informing persons that a newborn infant may be relinquished at the facility.  DCFS has established the specifications for the signs and their placement to ensure statewide uniformity.
   
   
6. Prohibition on Public Disclosure.  Emergency medical professionals, employees, or other persons engaged in the administration or operation of a fire or police station, hospital, emergency medical facility, child placing agency, or the Department where a baby has been relinquished or transferred are prohibited from publicly disclosing any information concerning the relinquishment of the infant and the individuals involved, except as otherwise provided by law.

 

INFORMATION PACKET

Purpose and Contents of Packet. Hospitals should have a supply of information packets on hand. The purpose of the packet is to provide important information to the relinquishing person about their rights; options for future contact with the infant; and the opportunity to provide medical history information that can be forwarded (anonymously, if desired) to the adoptive parents. The information packet must include Illinois Adoption Registry and Medical Information Exchange application forms and written notice of parental rights regarding proceedings to terminate parental rights. Note that these documents can be obtained from the following website:

 

http://www.state.il.us/dcfs/library/com_communications_sumlicen_abinfant.shtml

 

Scroll down about halfway to the words, "The information packet also includes…"

 

Please also note that the packet must include a resource list of providers of counseling services including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the infant. Hospitals should include in the packet a list of local providers of these services.

 

OTHER PROVISIONS

1. Medical Assistance.  A newborn infant relinquished in accordance with the Act is deemed eligible for medical assistance under the Illinois Public Aid Code, and a hospital providing medical services to such an infant will be reimbursed for those services in accordance with that Code.  In addition, for any day that a hospital has custody of a relinquished infant and the infant does not require medically necessary care, the hospital will be reimbursed by the Department of Healthcare and Family Services at the general acute care per diem rate.
   
   
2. DCFS Duties. The Act specifies duties for DCFS, including with respect to contacting child-placing agencies to arrange for placement of the infant in an adoptive home, if possible.  If no child-placing agency is able to accept the infant, then DCFS must assume responsibility for the infant as soon as practicable.
   
   
3. Immunity of Facility and Personnel.   A hospital and the hospital's personnel are immune from criminal or civil liability for acting in good faith in accordance with the Act. However, nothing limits liability for negligent care or medical treatment.

 

FREQUENTLY ASKED QUESTIONS

1. Question: What should hospital personnel do if a person tries to relinquish an infant who is older than 7 days, before January 1, 2010, when the extended time period becomes effective?
   
   Answer: Although January 1, 2010 is the effective date of the amendment that allows a person to relinquish an infant 30 days or younger, hospital personnel should not refuse to accept an infant whom a person is attempting to relinquish. Handing back an infant to someone who may feel desperate is not likely to be in the child's best interest. If you have questions regarding a specific case, contact Linda Williams at DCFS (800.252.2873).
   
   
2. Question: If a person returns to the hospital to re-claim a relinquished infant, what should hospital personnel do?
   
   Answer: Inform the person that in order to regain custody, they must petition the court. Tell the person to contact DCFS (800.252.2873) to obtain the information necessary to file a petition in the court for return of custody.

 

CONCLUSION

Please adjust your hospital's protocol, effective January 1, 2010, for accepting and caring for a newborn infant relinquished under the Act, to incorporate the 30-day amendment. Please schedule regular review of procedures with all hospital personnel, so that all staff are aware of the procedures to be followed if an infant is relinquished at or brought to your hospital. The complete text of PA 96-0345 can be accessed at

 

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0345

 

If you have any questions, please contact Barb Haller at bhaller@ihastaff.org or 630.276.5474.